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• 1. [Image] ESA basics: 30 years of protecting endangered species

  	Electronic resource; Title from title screen;
  	Citation × Citation Citation Abstract Copy Title: ESA basics: 30 years of protecting endangered species Year: 2004, 2006, 2005 Electronic resource; Title from title screen; Title: ESA basics: 30 years of protecting endangered species Year: 2004, 2006, 2005 Electronic resource; Title from title screen; Close

• 2. [Image] The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices

  	IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the ...
  	Citation × Citation Citation Abstract Copy Title: The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices Author: Buck, Eugene H Year: 2006, 2008, 2005 IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS Title: The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices Author: Buck, Eugene H Year: 2006, 2008, 2005 IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS Close

• 3. [Image] Endangered Species Act : successes and challenges in agency collaboration and the use of scientific information in the decision making process : testimony before the Subcommittee on Fisheries, Wildlife and Water, Committee on Environment and Public Works, United States Senate / statement of Robin M. Nazzaro

  	Summary In summary, we found that federal agencies have taken steps to improve collaboration as a way to reduce conflicts that often occur between species protections and other resource uses, but that ...
  	Citation × Citation Citation Abstract Copy Title: Endangered Species Act : successes and challenges in agency collaboration and the use of scientific information in the decision making process : testimony before the Subcommittee on Fisheries, Wildlife and Water, Committee on Environment and Public Works, United States Senate / statement of Robin M. Nazzaro Author: Nazzaro, Robin M Year: 2005, 2007 Summary In summary, we found that federal agencies have taken steps to improve collaboration as a way to reduce conflicts that often occur between species protections and other resource uses, but that more could be done to promote routine use of collaboration and clarify agencies' responsibilities under the Endangered Species Act. In September 2003, we reported on efforts taken by the Department of Defense (DOD) to coordinate with other federal land managers in order to reduce the impact of species protections on military activities. We found several cases where such efforts were successful. For example, at the Barry M. Goldwater range in Arizona, Air Force officials worked with officials at FWS and the National Park Service to enhance food sources for the endangered Sonoran pronghorn in locations away from military training areas. As a result, the Air Force was able to minimize the impact of restrictions on training missions due to the presence of the pronghorn. However, such cases were few and far between because, among other things, there were no procedures or centralized information sources for facilitating such collaboration. In March 2004, we reported on collaboration that takes place pursuant to section 7(a)(2) of the act?referred to as the consultation process?in the Pacific Northwest. In this area, large numbers of protected species and vast amounts of federal land conspire to make balancing species protection and resource use a contentious endeavor. We found that steps the Services and other federal agencies had taken made the consultation process run smoother and contributed to improved interagency relationships. However, some problems have persisted. For example, some agencies disagree with the Services about when consultation is necessary and how much analysis is required to determine potential impacts on protected species. In each of these reports, we made recommendations intended to further improve collaboration among federal agencies with regard to balancing species protections and other resource uses, and?in the March 2004 report?to resolve disagreements about the consultations process. DOD and FWS have begun discussing an implementation strategy to improve collaboration regarding species protection on military and other federal lands and development of a training program. With regard to the consultation process, while FWS and NMFS have continued to take steps to expand their collaboration processes, the agencies did not believe that disagreements about the consultation process require additional steps. They believe that current training and guidance is sufficient to address questions about the process. With regard to the use of science, we have found that FWS generally used the best available information in key Endangered Species Act decisions, although the agency was not always integrating new research into ongoing species management decisions. In addition, we identified concerns with the adequacy of the information available to make critical habitat decisions. In December 2002, we reported on many aspects of the decision making for species protections regarding the Mojave Desert tortoise. We found that the decision to list the tortoise as threatened, its critical habitat designation, and the recommended steps in the species' recovery plan, were based on the best available information. However, despite over $100 million in expenditures on recovery actions and research over the past 25 years, it is still unclear what the status of the tortoise is and what effect, if any, recovery actions are having on the species because research has not been coordinated in a way to provide essential management information. Such information is critically important as some of the protective actions, such as restrictions on grazing and off road vehicle use, are vigorously opposed by interest groups who question whether they are necessary for the tortoise's recovery. Accordingly, we recommended that FWS better link land management decisions with research results to ensure that conservation actions and land use restrictions actually benefit the tortoise. In response, FWS recently established a new office with a tortoise recovery coordinator and plans to create an advisory committee to ensure that monitoring and recovery actions are fed back into management decisions. In August 2003, we found that, similar to the decision making regarding the tortoise, FWS decisions about listing species for protection under the act were generally based on the best available information. However, while most critical habitat designations also appeared to be based on the best available information, there were concerns about the adequacy of the information available at the time these decisions are made. Specifically, critical habitat decisions require detailed information of a species' life history and habitat needs and the economic impacts of such decisions?information that is often not available and that FWS is unable to gather before it is obligated under the act to make the decision. As a result, we recommended that the Secretary of the Interior clarify how and when critical habitat should be designated and identify if any policy, regulatory, or legislative changes are required to enable the department to make better informed designations. FWS has not responded to our recommendation. Title: Endangered Species Act : successes and challenges in agency collaboration and the use of scientific information in the decision making process : testimony before the Subcommittee on Fisheries, Wildlife and Water, Committee on Environment and Public Works, United States Senate / statement of Robin M. Nazzaro Author: Nazzaro, Robin M Year: 2005, 2007 Summary In summary, we found that federal agencies have taken steps to improve collaboration as a way to reduce conflicts that often occur between species protections and other resource uses, but that more could be done to promote routine use of collaboration and clarify agencies' responsibilities under the Endangered Species Act. In September 2003, we reported on efforts taken by the Department of Defense (DOD) to coordinate with other federal land managers in order to reduce the impact of species protections on military activities. We found several cases where such efforts were successful. For example, at the Barry M. Goldwater range in Arizona, Air Force officials worked with officials at FWS and the National Park Service to enhance food sources for the endangered Sonoran pronghorn in locations away from military training areas. As a result, the Air Force was able to minimize the impact of restrictions on training missions due to the presence of the pronghorn. However, such cases were few and far between because, among other things, there were no procedures or centralized information sources for facilitating such collaboration. In March 2004, we reported on collaboration that takes place pursuant to section 7(a)(2) of the act?referred to as the consultation process?in the Pacific Northwest. In this area, large numbers of protected species and vast amounts of federal land conspire to make balancing species protection and resource use a contentious endeavor. We found that steps the Services and other federal agencies had taken made the consultation process run smoother and contributed to improved interagency relationships. However, some problems have persisted. For example, some agencies disagree with the Services about when consultation is necessary and how much analysis is required to determine potential impacts on protected species. In each of these reports, we made recommendations intended to further improve collaboration among federal agencies with regard to balancing species protections and other resource uses, and?in the March 2004 report?to resolve disagreements about the consultations process. DOD and FWS have begun discussing an implementation strategy to improve collaboration regarding species protection on military and other federal lands and development of a training program. With regard to the consultation process, while FWS and NMFS have continued to take steps to expand their collaboration processes, the agencies did not believe that disagreements about the consultation process require additional steps. They believe that current training and guidance is sufficient to address questions about the process. With regard to the use of science, we have found that FWS generally used the best available information in key Endangered Species Act decisions, although the agency was not always integrating new research into ongoing species management decisions. In addition, we identified concerns with the adequacy of the information available to make critical habitat decisions. In December 2002, we reported on many aspects of the decision making for species protections regarding the Mojave Desert tortoise. We found that the decision to list the tortoise as threatened, its critical habitat designation, and the recommended steps in the species' recovery plan, were based on the best available information. However, despite over $100 million in expenditures on recovery actions and research over the past 25 years, it is still unclear what the status of the tortoise is and what effect, if any, recovery actions are having on the species because research has not been coordinated in a way to provide essential management information. Such information is critically important as some of the protective actions, such as restrictions on grazing and off road vehicle use, are vigorously opposed by interest groups who question whether they are necessary for the tortoise's recovery. Accordingly, we recommended that FWS better link land management decisions with research results to ensure that conservation actions and land use restrictions actually benefit the tortoise. In response, FWS recently established a new office with a tortoise recovery coordinator and plans to create an advisory committee to ensure that monitoring and recovery actions are fed back into management decisions. In August 2003, we found that, similar to the decision making regarding the tortoise, FWS decisions about listing species for protection under the act were generally based on the best available information. However, while most critical habitat designations also appeared to be based on the best available information, there were concerns about the adequacy of the information available at the time these decisions are made. Specifically, critical habitat decisions require detailed information of a species' life history and habitat needs and the economic impacts of such decisions?information that is often not available and that FWS is unable to gather before it is obligated under the act to make the decision. As a result, we recommended that the Secretary of the Interior clarify how and when critical habitat should be designated and identify if any policy, regulatory, or legislative changes are required to enable the department to make better informed designations. FWS has not responded to our recommendation. Close

• 4. [Image] Implementation of the Endangered Species Act of 1973 (Report to the House Committee on Resources)

  	I. Executive Summary There is increasing recognition from most quarters that the Endangered Species Act (ESA) needs to be improved. Exactly what those improvements should be is less uniform. ...
  	Citation × Citation Citation Abstract Copy Title: Implementation of the Endangered Species Act of 1973 (Report to the House Committee on Resources) Author: United States. Congress. House. Committee on Resources Year: 2005, 2007 I. Executive Summary There is increasing recognition from most quarters that the Endangered Species Act (ESA) needs to be improved. Exactly what those improvements should be is less uniform. This report examines the implementation of selected aspects of the endangered species program relying predominately on information provided by the primary implementing agencies, the United States Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) and offers some recommendations for possible improvements to the program. Debate over the ESA has traditionally been highly polarized. For example, compensating landowners for takings or reductions in property value has been opposed by some who argue updating the law to address this is not necessary. While consensus on other issues such as the need for increasing conservation incentives and the role states play in endangered species conservation has begun to emerge, one of the most debated aspects of ESA implementation continues to be whether the ESA is effectively conserving endangered and threatened species. While there have been significant strides in conserving individual species such as the whooping crane, red-cockaded woodpecker and gray wolf, few species have been delisted (removed from the endangered list) or downlisted (changed in status from endangered to threatened) because of successful ESA conservation efforts. Some argue that the number of recovered species is an unfair measure, asserting that the three decades the ESA has been in existence is an insufficient amount of time for the lengthy process of species recovery and point to listed species that have not gone extinct as evidence the ESA 'saves' species. From the opposing perspective, while recovery to the point of delisting may require a substantial amount of time for many species, after three decades more progress should be demonstrable through species that have recovered and been delisted. Even if a species has increased in numbers or distribution or the threats facing the species have been reduced, if it has not been delisted on the basis of recovery, the ESA's prohibitions and regulations remain applicable and the ESA should not be a 'one way street.' Of 40 total species removed from the list, 10 domestic species were delisted because of "recovery". Of 33 reclassified species, 10 domestic downlistings (a change from endangered to threatened status) reflected a reduced threat assessment which also allowed more flexibility in management. The FWS's most recent report to Congress (Fiscal years 2001-2002) shows that 77 percent of listed species fall in the 0 to 25 percent recovery achieved bracket and 2 percent fall in the 76 to 100 percent recovery achieved bracket. 39 percent of the FWS managed species are of uncertain status. Of those with an assessed trend, at one end of the spectrum are 3 percent possibly extinct, 1 percent occurring only in captivity and 21 percent declining and at the other end are 30 percent stable and 6 percent improving. These assessments however are subjective. Additionally, the assessment that a species is improving or stable may reflect, for example, a reduction in perceived threats or corrections to inaccurate threat assessments that stemmed from erroneous data rather than actual changes in species' trends that are demonstrated by improved numbers, distribution or other such measurements. Consequently, a meaningful assessment of conservation trends under the ESA using these data is not possible. The data used to list a number of species has been subsequently determined to be erroneous and species that likely do not merit classification as endangered or threatened remain listed. This can consume resources that could be directed to species that do merit listing. The assignment of recovery priorities appears highly skewed and the recovery priority for some species seems questionable. A meaningful distinction between endangered status and threatened status has been blurred as has been the framework for the mechanism of critical habitat. Expenditure reporting has improved but presents an incomplete picture of financial resources dedicated to endangered species. Workloads for litigation regarding activities such as consultation and listing under the ESA's complex structure compete for resources that could otherwise be directed at recovery efforts. The demands associated with ESA Section 4 determinations in combination with the pace of species listings and delistings, the number of possible future additions to the list and the economic impact of listings likely indicate that the current program is not sustainable. Title: Implementation of the Endangered Species Act of 1973 (Report to the House Committee on Resources) Author: United States. Congress. House. Committee on Resources Year: 2005, 2007 I. Executive Summary There is increasing recognition from most quarters that the Endangered Species Act (ESA) needs to be improved. Exactly what those improvements should be is less uniform. This report examines the implementation of selected aspects of the endangered species program relying predominately on information provided by the primary implementing agencies, the United States Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) and offers some recommendations for possible improvements to the program. Debate over the ESA has traditionally been highly polarized. For example, compensating landowners for takings or reductions in property value has been opposed by some who argue updating the law to address this is not necessary. While consensus on other issues such as the need for increasing conservation incentives and the role states play in endangered species conservation has begun to emerge, one of the most debated aspects of ESA implementation continues to be whether the ESA is effectively conserving endangered and threatened species. While there have been significant strides in conserving individual species such as the whooping crane, red-cockaded woodpecker and gray wolf, few species have been delisted (removed from the endangered list) or downlisted (changed in status from endangered to threatened) because of successful ESA conservation efforts. Some argue that the number of recovered species is an unfair measure, asserting that the three decades the ESA has been in existence is an insufficient amount of time for the lengthy process of species recovery and point to listed species that have not gone extinct as evidence the ESA 'saves' species. From the opposing perspective, while recovery to the point of delisting may require a substantial amount of time for many species, after three decades more progress should be demonstrable through species that have recovered and been delisted. Even if a species has increased in numbers or distribution or the threats facing the species have been reduced, if it has not been delisted on the basis of recovery, the ESA's prohibitions and regulations remain applicable and the ESA should not be a 'one way street.' Of 40 total species removed from the list, 10 domestic species were delisted because of "recovery". Of 33 reclassified species, 10 domestic downlistings (a change from endangered to threatened status) reflected a reduced threat assessment which also allowed more flexibility in management. The FWS's most recent report to Congress (Fiscal years 2001-2002) shows that 77 percent of listed species fall in the 0 to 25 percent recovery achieved bracket and 2 percent fall in the 76 to 100 percent recovery achieved bracket. 39 percent of the FWS managed species are of uncertain status. Of those with an assessed trend, at one end of the spectrum are 3 percent possibly extinct, 1 percent occurring only in captivity and 21 percent declining and at the other end are 30 percent stable and 6 percent improving. These assessments however are subjective. Additionally, the assessment that a species is improving or stable may reflect, for example, a reduction in perceived threats or corrections to inaccurate threat assessments that stemmed from erroneous data rather than actual changes in species' trends that are demonstrated by improved numbers, distribution or other such measurements. Consequently, a meaningful assessment of conservation trends under the ESA using these data is not possible. The data used to list a number of species has been subsequently determined to be erroneous and species that likely do not merit classification as endangered or threatened remain listed. This can consume resources that could be directed to species that do merit listing. The assignment of recovery priorities appears highly skewed and the recovery priority for some species seems questionable. A meaningful distinction between endangered status and threatened status has been blurred as has been the framework for the mechanism of critical habitat. Expenditure reporting has improved but presents an incomplete picture of financial resources dedicated to endangered species. Workloads for litigation regarding activities such as consultation and listing under the ESA's complex structure compete for resources that could otherwise be directed at recovery efforts. The demands associated with ESA Section 4 determinations in combination with the pace of species listings and delistings, the number of possible future additions to the list and the economic impact of listings likely indicate that the current program is not sustainable. Close